CC Ordinance 2002
ORDINANCE NO. 2002
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL AMENDING CHAPTER 21.66 OF THE ZONING CODE
TO REQUIRE USES THAT ARE NON-CONFORMING DUE TO THEIR
LATE NIGHT OPERATIONS COME INTO COMPLIANCE WITH ALL
APPLICABLE REGULATIONS. FILE NO. PLN2000-177 (TA)
After due consideration of all evidence presented, the City Council did find as follows with
respect to application PLN2000-177 (T A):
1. Recognizing the importance of evaluating proposals for late night uses on a
discretionary basis with regards to neighboring land uses, nature of the late night use,
and hours of operation, the City of Campbell requires an approved Conditional Use
Permit for uses that occur between 11 :00 p.m. and 6:00 a.m. in a Commercial Zoning
District.
2. Late night uses that were in operation before the adoption of this requirement are
considered legal non-conforming uses and have been allowed to continue as a "grand
fathered" use.
3. The proposed amendment allows uses that are non-conforming due to their late night
operations to continue to operate with their existing hours for twenty-four months
from the date of the ordinance. After that time, in order to continue the late night
operation, the use must have an approved Conditional Use Permit.
4. The courts have recognized the right of cities to adopt reasonable amortization
periods for phasing out non-conforming uses, where the period is sufficiently long to
allow the property owner to amortize out his investment in the use.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
1. The proposed text amendment is consistent with the intent and purposes of the
Zoning Ordinance, which is to encourage the most appropriate use of land throughout
the city; to stabilize and conserve the value of property; to provide adequate light, air
and reasonable access; to secure safety from fire and other dangers; to prevent
overcrowding of land; to avoid undue concentration of population; to facilitate the
adequate provision for transportation, water, sewerage, schools, parks and other
public health, safety, peace, morals, comfort, and welfare, all in accordance with a
comprehensive zoning code and general plan; and
2. The proposed text amendment is consistent with the intent and purposes of Chapter
21.66 of the Campbell Municipal Code on Non-Conforming Uses; and
City Council Ordinance
PLN2000-177 (T A) - Non-conforming late night operations (Chapter 21.66)
Page 2
3. The proposed text amendment is consistent with the development policies and
objectives of the General Plan by phasing out uses that are non-conforming due to
their late night hours and/or requiring such uses to apply for a Conditional Use Permit
to continue their operations.
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That the following language be added to Section 21.66.020 of the
Campbell Municipal Code:
D. Any use, which is non-conformin~ with re~ard to its hours of operation, shall
come into compliance with all applicable re~ulations of this Chapter within
twenty-four months of the later of:
1. The effective date of the ordinance adoptin~ this provision; or
2. The date that the use became non-conformin~.
SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage
and adoption and shall be published, one time within fifteen (15) days upon passage and adoption
in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of
Santa Clara.
PASSED AND ADOPTED this 3rd day of April
vote:
, 2001, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
APPROVED:
ATTEST: